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Jersey Case Law

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Trusts [2025] JRC 242

Representation of Dominion Fiduciary Trust Ltd re The F Trust (Royal Court : Hearing

Representation of Dominion Fiduciary Trust Ltd re The F Trust (Royal Court : Hearing (Civil) : MacRae : Trust) [2025] JRC 242 (2 October 2025)

The Royal Court of Jersey set aside trust arrangements created for tax mitigation after finding the parties acted under serious tax-law mistake.

  • Mistake in trust creation
  • Inheritance tax
  • Capital gains tax
  • Setting aside trust transactions
  • Trusts (jersey) law 1984
  • Trusts
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Trusts [2024] JRC 168

Representation of Fiduciary Trust Limited re E Trust

Representation of Fiduciary Trust Limited re E Trust [2024] JRC 168 (06 August 2024)

The Jersey Royal Court set aside a June 2016 declaration of trust over London properties for mistake, holding the assets were always held for the settlor absolutely.

  • Mistake in trust law
  • Setting aside trust transactions
  • Inheritance tax
  • Capital gains tax
  • Trustee powers
  • Beneficiary interests
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Trusts [2022] JRC 052

Representation of A re the E Settlement

Representation of A re the E Settlement [2022] JRC 052 (28 February 2022)

The Jersey Court set aside the E Settlement for mistake, finding the settlor misunderstood the risk that HMRC could revisit his domicile and tax position.

  • Mistake in trust establishment
  • Domicile
  • Inheritance tax liability
  • Capital gains tax
  • Bare trust declaration
  • Mistake-in-trust-establishment
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Trusts [2018] JRC 174A

A and B v C and Ors

A and B v C and Ors [2018] JRC 174A (18 September 2018)

The Jersey Royal Court set aside mistaken trust transfers driven by tax advice, restored the original settlement, and ratified related trustee actions.

  • Mistake in trust disposition
  • Setting aside trust transfers
  • Inheritance tax
  • Capital gains tax
  • Ratification of trustee actions
  • Trust-mistake
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Probate [2013] JRC 148

In the matter of A

In the matter of A (Probate) [2013] JRC 148 (29 July 2013)

The Jersey court varied a will under Article 25 of the Probate (Jersey) Law 1998 to restructure trust assets and reduce potential UK capital gains tax.

  • Variation of will
  • Capital gains tax
  • Trust restructuring
  • Will-variation
  • Probate
  • Trusts
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Trusts [2010] JRC 193

In the matter of DD

In the matter of DD [2010] JRC 193 (21 October 2010)

The Jersey Royal Court rectified a trust deed and declaration after finding a genuine drafting mistake: the parties intended an interest in possession trust, not a discretionary trust.

  • Rectification of trust
  • Mistake
  • Inheritance tax
  • Capital gains tax
  • Rectification-of-trust
  • Trusts
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Trusts [2007] JLR 660

In re Howe No. 1 Trust v

In re Howe No. 1 Trust v [2007] JLR 660 (24 December 2007)

The court applied the Hastings-Bass principle to set aside a trustee’s investment decision made without proper regard to a change in UK capital gains tax law.

  • Trustee powers
  • Exercise of discretion
  • Hastings-bass principle
  • Capital gains tax
  • Trusts
  • Trustee-powers
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Trusts [2002] JRC 235

In re Green GLG Trust v

In re Green GLG Trust v [2002] JRC 235 (09 December 2002)

The Royal Court of Jersey held that the Hastings-Bass principle applies in Jersey and declared four capital appointments void ab initio for tax reasons.

  • Hastings-bass principle
  • Trustee discretion
  • Capital gains tax
  • Void appointments
  • Hastings-bass-principle
  • Trustee-discretion
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Trusts and estates [2000] JRC 56

Richard Colin Douglas Settlement

Richard Colin Douglas Settlement [2000] JRC 56 (03 April 2000)

The Royal Court of Jersey approved a trust variation to help avoid capital gains tax, holding that tax minimisation could benefit unborn beneficiaries.

  • Variation of trusts
  • Tax avoidance
  • Beneficiaries' interests
  • Capital gains tax
  • Trust-variation
  • Tax-avoidance
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.